SURENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -THESE writ applications involve common questions with regard to the right of those persons who had been empanelled for being appointed on the posts of Assistant Science Teachers in the district of Ranchi and yet persons down below in the list were appointed and their cases were excluded from being appointed.

(2.) AN advertisement had been issued on 14. 10. 1981 inviting applications from the candidates to be appointed as Assistant science Teachers with the minimum qualification of I. Sc. or B. Sc. The petitioners and several others had made their applications. The persons who were found to be qualified were called for interview on 12. 2. 1982 and ultimately a panel was drawn up which was published on 8. 4. 1986.

(3.) THE petitioner's grievance is than though their names have been placed sufficiently high up in the panel and though they were waiting for being appointed orr the different posts of Assistant Science teachers, but the authority ignoring their cases have appointed persons down below and thus being aggrieved by the said decision they have approached this Court it may be noticed that in most of the cases the persons who have already been aptpointed, even though alleged to be down below the petitioners in the panel, have not been arrayed as parties and those appointees of the year 1986 have continued by now for about 9 years. The petitioners therefore, do not assail the appointments al ready made but pray that their cases for appointment should also be considered and rightly because the persons down below in the panel have been appointed. The State government in its counter-affidavit does not dispute the assertion that the persons down below the petitioners in the panel have been appointed and, in fact, it is conceded that there have been some irregularities in drawing up of the panel. But the State government takes the stand that finding such irregularities an order has been passed in July, 1989, wherein the appointments already made have been protected, and it has been held that the said panel should not be operative any further. Further stand of the State Government, as it appears from the argument advanced by the counsel appearing for the State is that it is not known as to what would be the exact number of existing vacancies available and further the appointment has to be routed through Bihar Services Selection Board and it is only on the recommendation of the said Board that appointment can be made.